This inspection agreement (the “Agreement”) is made on 05/10/2021, by and between Protect Property Inspections (“Inspector”) and Larry Mesler (“Client”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Inspector and Client agree as follows:
For the sum of 365.00 (the “Inspection Fee”) paid by Client to Inspector before the date and time of the inspection, Inspector will (a) perform a limited, non-invasive, visual inspection of the reasonably accessible installed components and systems of the property located at 44743 Alamendras St, Maricopa AZ 85139 (The “Property”) as such systems and components exist at the time of the inspection (the “Inspection”) and (b) prepare a report describing Inspector’s findings and identifying the defects that Inspector observed and deemed material (the “Report”). The Report is only supplementary to any seller’s disclosure.
Unless otherwise noted in this Agreement or not possible, Inspector will perform the Inspection in accordance with the current Standards of Professional Practice for Arizona Home Inspectors promulgated by the Arizona Board of Technical Registration (“BTR”) and posted at www.btr.az.gov.standards-of-professional-practice.pdf(“SOP”). Client understands that the SOP contains certain limitations, exceptions, and exclusions. A copy of the SOP will be included in the Report.
Unless otherwise indicated in writing, the inspector will not test for compliance with applicable building codes or for the presence of or for any potential dangers arising from the presence of radon gas, mold, asbestos, lead paint, soil contamination, or other environmental hazards or violations. The inspector does not test or inspect for termites, but sub-contracts this service to a licensed pest inspector. A fee of $65 will be added to the clients total fee when this service is selected. If any client wants us to inspect a log structure or includes log construction, client understands that such structures have unique characteristics that may make it impossible for us to inspect and evaluate them. Therefore, the scope of our inspection will not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.
Our inspection and report are for client's use only. Client gives us permission to discuss our observations with real estate agents, owners, repair persons, or other interested parties. Client will be the sole owner of the report and all rights to it. The inspector is not responsible for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including employees and business entities) from any liability whatsoever. If client or any person acting on the client's behalf provide the report to a third party who then sues client and/or the inspector, client releases us from any liability and agree to pay the inspector's costs and legal fees in defending any action naming us.
Inspector makes no warranties or guarantees express or implied, including any implied warranties of fitness or merchantability, as part of the Inspection or the Report including, without limitation, that all defects have been found or that Inspector will pay for the repair of undisclosed defects; that any of the items inspected are designed or constructed in a good and workmanlike manner; or that any of the items will continue to perform in the future as they are performing at the time of the Inspection.
LIMITATION ON LIABILITY AND DAMAGES. Inspector assumes no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than the inspection fee the client paid us. Client waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. Client acknowledges that this liquidated damages is not a penalty, but that the inspector intends it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon Inspection fee.
The inspector does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the property is located. If we hold a valid occupational license, the inspector may inform the client of this and client may hire the inspector to perform additional functions. Any agreement for such additional services shall be in a separate writing.
Any claim arising out of or related to any act or omission of Inspector in connection with the Inspection shall be made in writing and reported to Inspector within fourteen (14) days of discovery. Inspector shall have fourteen (14) days to re-inspect the issue giving rise to the claim. Inspector must be allowed access to the Property to evaluate the issue before any corrective action is taken by Client. After notifying Inspector in writing within the time period set forth above, Client may also contact a qualified specialist to make further inspections or evaluations of the issue giving rise to the claim; provided, however, Client agrees that any repairs or corrective action taken without consultation with Inspector shall constitute a waiver of such claim and shall relieve Inspector of any and all liability.
Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this Agreement or arising out of, from or related to the Inspection and/or the Report shall be submitted for final and binding arbitration under the Rules and procedures of the American Arbitration Association. Client agrees to pay all required filing fees. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment on the Award may be entered in any court of competent jurisdiction.
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement represents our entire agreement; there are no terms other than those set forth herein. All prior discussions are merged into this Agreement. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by the client and by one of the inspector's authorized officers. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees.
Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this Agreement or arising out of, from or related to the Inspection and/or the Report shall be commenced within one (1) year of the date of the Inspection, without regard to the date the breach is discovered. Any action not brought within that one-year time period shall be barred, without regard to any other limitations period set forth by law or statute.
Past-due inspection fees shall accrue interest at 8% per year. Client agrees to pay all costs and attorney's fees the inspector incurs in collecting the inspection fees owed to us. If the Client is a corporation, LLC, or similar entity, the client personally guarantee payment of the inspection fee. In the event of litigation relating to the subject matter of this Agreement, other than the collection of fees described in the preceding sentence, the non-prevailing party shall reimburse the prevailing party for all reasonable attorneys’ fees and costs resulting therefrom.
If client requests a re-inspection, the re-inspection is subject to the terms of this Agreement, plus an additional $75 minimum re-inspection fee. This re-inspection fee is due to be paid by Client to Inspector before the date and time of the re-inspection, and can be more expensive depending on the length of time required to complete the re-inspection.
If client requests additional services be added to the general home inspection, the service is subject to the terms of this Agreement. The services below can be ordered through PPI scheduler or office. Examples of additional services requiring additional fees that the Company offers include:
1. Sprinkler and drip system inspection = $25-$75 depending on complexity
2. Pool and Spa Inspection = $50 for pool only, $35 for Spa only, and $75 for pool and spa.
3. Sewer Camera Inspection = $152+ depending on complexity. (This service is subcontracted to a sewer camera specialist, not performed by PPI)
4. Mold Testing = $195+ depending on complexity. (This service is subcontracted to a mold specialist, not performed by PPI)
5. Termite Inspection = $65. (This service is subcontracted to a termite specialist, not performed by PPI).
Client may not assign this Agreement.
If a court finds any term of this Agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. Client had the opportunity to consult qualified counsel before signing this.
If there is more than one Client, you (client) are signing on behalf of all of them, and you (client) represent that you are authorized to do so.
If client would like a large print version of this Agreement before signing it, client may request one by emailing us.
Notwithstanding any provisions to the contrary set forth herein, Client understands and acknowledges that in providing the Inspection and the Report, information about Client, Inspector, the Property and any real estate professionals involved in the contemplated transaction will be collected and input into inspection software and services which Inspector uses to produce the Report. This information may include personally-identifiable information about the client, inspector and real estate professionals. Inspectors may choose to use this information to market new or related products and services to clients.
The failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
This Agreement shall be construed and enforced in accordance with the laws of the State of Arizona.
The undersigned have reviewed this Agreement, understand its contents, and agree to the terms and conditions contained herein.
Client: Printed Name: Larry Mesler Date: 05/08/2021
Protect Property Inspections Date: 05/08/2021
By Inspector:
Joe Grijalva
protect.inspections13@gmail.com
P.O. BOX 11798 Glendale, AZ 85318
